How to Get a Restraining Order in Missouri

April 28, 2017
By
Smith Law Offices, LLC

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There are two types of restraining orders in Missouri family law, one to
prevent a spouse from misbehaving during the divorce and the other to
protect family members from
domestic violence. Here are the steps you can take to ask the court to grant a restraining
order in the state of Missouri.

Step 1: Get to Safety

If you’re being abused and you wish to seek a divorce, find somewhere
safe to stay. This place of safety could be with a friend, relative, or
coworker, but make sure your spouse doesn’t know where you will
be going. If you need help, there are resources available in the area.
Visit the Missouri Coalition Against Domestic Violence & Sexual Violence
website, which has a service locator map.

Step 2: File a Petition

You can go to the circuit court nearest to you and file a petition for
a protection order, or you can find these forms online. If a family member
of yours is being abused, you are eligible to request a domestic violence
order by virtue of being related to the abused. The court can deny or
grant the order, but if they do grant it, the other party will be served
with the injunction. In cases of domestic violence, you must be able to
prove your relationship to the person you want to be restrained as well
as prove the acts of abuse or violence against you. Take photos of any
visible marks or bruises to use as evidence. Medical and police reports
can also be used in court. Someone you know could also testify on your
behalf if they witnessed abusive behavior.

There are no fees for seeking an order of protection. You can ask for an
ex parte order, which means you will be able to talk to a judge about
why you want a restraining order as soon as possible. Your spouse doesn’t
need to be present, and the order is temporary until a hearing can be arranged.

Step 3: Get the Order Served

Even with an ex parte order, the document doesn’t go into effect
until the person bound by the order is served. The court will usually
arrange for a sheriff’s deputy to serve the other person. The ex
parte order expires on the date of your hearing, where you can request
a permanent order. You have the right to be notified when the order is
properly served, but you must tell the court clerk you want to receive
notice in advance.

Step 4: Prepare for Your Hearing

The hearing will usually be scheduled within a couple of weeks of the date
of the filed petition. You might want to prepare by hiring a skilled
St. Charles family law attorney to represent you. This allows you to present your evidence through a neutral
third party who won’t be intimidated by your abuser. You will also
want to gather proof of the abuse and any witnesses who can testify on
your behalf.

Step 5: Attend the Hearing

Try to arrive at least half an hour before the hearing begins. If you don’t
show up, the judge will dismiss your petition, and your temporary order
will not become permanent. If your abuser doesn’t show up, the judge
may grant your request for a full order, or the judge will schedule another
hearing at a later date and extend your ex parte hearing.

You will have the opportunity to present your story to the judge. This
hearing is formal, so the rules of civil procedure and evidence will still
apply. Because this is a formal hearing, having an attorney there to represent
you will be advantageous. Make sure to behave well in the courtroom and
avoid shouting or interrupting your spouse, even if he or she is lying.
You or your lawyer will have the opportunity to question the person under
the restraining order.

Step 6: Receive Your Permanent Order

If your hearing goes well, the judge will decide the order is warranted
based on all evidence presented. In addition to the protection offered
by the ex parte order, the full order can include an award of
child custody,
child support,
spousal support, or possession of property, if any of these are applicable to your situation.
The judge may also order the person to pay your court costs or legal fees
in addition to any medical bills caused by their abuse. This order will
last anywhere from 180 days to a year, depending on your situation.
A full order can also include automatic renewal unless the person under
the restraint files an objection and requests a hearing within 30 days
before it is set to expire. If it doesn’t have an automatic renewal,
you must file a motion with the court to have it renewed, and the judge
will hold another hearing to determine whether renewal is necessary.

If you need help filing, or you need an advocate to represent your case
in court, don’t hesitate to call us.
Smith Law Offices, LLC has experienced lawyers with more than 20 years of combined legal experience
to offer your case. Let us see how we can help you and your family.

Contact us at (636) 400-1177 or fill out our online form to schedule a case review
with us today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.